Seller warrants that, upon shipment, goods shall be as described in the Order Acknowledgment and free from defects in materials and workmanship for 12 months from shipment. Seller warrants thermal and mechanical performance of heat exchangers when operated at Buyer-specified design conditions in the purchase order or Seller’s specification sheet. Seller also warrants title to all goods. For components or accessories from suppliers, Buyer’s warranty is limited to the supplier’s warranty. THESE WARRANTIES ARE THE SOLE AND EXCLUSIVE WARRANTIES. SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY DISCLAIMED. NO WARRANTIES APPLY TO GOODS BUILT OR ACQUIRED TO BUYER’S DESIGNS OR SPECIFICATIONS. Buyer acknowledges that goods are not packaged for long-term storage and may corrode or rust over time.
Limitation of Remedy
Seller’s liability for any claim arising from goods, services, or performance under the Order Acknowledgment, including defects, recalls, or infringement, is limited to repair, replacement, or refund of the purchase price, at Seller’s option. Seller is not liable for incidental, consequential, or special damages, including lost profits, or damages from Buyer’s or third-party negligence, improper installation, mounting, application, or corrosion. These provisions are a material term of the transaction.
Warranty Procedures and Claims
Claims regarding goods’ condition, compliance with specifications, or other issues must be made within twenty-one (21) days of receipt, unless otherwise agreed in writing. Buyer must set aside and protect goods without further processing until Seller can inspect and advise disposition. Goods may not be returned, reworked, or scrapped without Seller’s written authorization. For warranty claims, Buyer must contact Seller via the local distributor, providing complete nameplate data. Returns require a Return Goods Authorization (RGA) number, with goods shipped prepaid, complete, unaltered, and with the original model tag intact. Non-warranty returns incur a $100 minimum fee plus handling charges, waived for valid warranty claims. If field service finds no defect in Seller’s goods, Buyer pays the field representative’s time and expenses. Unauthorized field repairs void warranties, and unapproved service bills are not accepted. Seller is not responsible for de-installation or re-installation costs.
Damaged Goods
Buyer must report damage or shortages to the carrier and Seller immediately upon receipt. Transit losses or shortages are Buyer’s responsibility. Allegedly defective goods must be returned to a Seller-specified destination, freight prepaid by Buyer, subject to Seller’s verification and inspection.
Return for Credit
Due to custom manufacturing, Seller does not accept goods for credit or exchange. Buyer must verify product accuracy before ordering.
Repairs
Goods returned for repair, refit, or testing must be drained, labeled with Buyer’s information and RGA number, and include instructions, failure details, and fluid information. A $100 handling charge applies per product, with additional charges for evaluation. Returns must be shipped prepaid. Seller issues repair or testing quotations post-evaluation. Goods are considered abandoned if no disposition instructions are received within 45 days of quotation and may be scrapped. Seller does not warrant repaired goods, and repairs are the owner’s responsibility. Evaluated goods are returned at the owner’s request and expense.